Muslim man can’t remarry if he is unable to take care of family: Allahabad HC

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The Allahabad High Court has said that a Muslim man cannot marry a second time if he can’t take care of his wife and kids, stressing that ‘as per the mandate of the Holy Quran, bigamy is not sanctified unless a man can do justice to orphans’.

“A Muslim man has to prevent himself from performing a second marriage if he is not capable of fostering his wife and children,” a division bench has observed.

“Besides, a Muslim man, after having a second wife against the wishes of the first, cannot seek decree from a civil court to compel the first one to live with him,” the bench added.

While dismissing a first appeal filed by one Azizurrahman for restitution of conjugal rights, the court observed: “The religious mandate of Sura 4 Ayat 3 of Quran is binding on all Muslim men. It specifically mandates that a Muslim man can marry upto four women of their choice, but if he (Muslim man) fears that he will not be able to deal justly with them then can only marry one.”

The appellant had contracted a second marriage without informing his first wife and was seeking restitution of conjugal rights with his first wife by filing a suit before a family court. When the court dismissed his appeal, he moved the HC.

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